Arizona Supreme Court: Gilmore, et al. v. Gallego, et al.
Case No. CV-23-0130-PR Filed July 31, 2024
ISSUES:
- Whether “release time” provisions in a union memorandum of understanding (MOU) violate employees’ free-speech, free-association, and right-to-work rights.
- Whether the release time provisions violate the Gift Clause of the Arizona Constitution.
DECISION:
- The release time provisions do not violate employees’ free-speech, free-association, and right-to-work rights because the City, not the employees, pays for the release time.
- The release time provisions violate the Gift Clause of the Arizona Constitution because they are not supported by adequate consideration.
Synopsis:
The Arizona Supreme Court examined the constitutionality of “release time” provisions in an MOU between the City of Phoenix and a public employee union. These provisions allow certain employees to be released from their regular duties while still being paid by the City to perform union activities. The Court applied established Gift Clause principles, focusing on the two-prong test of public purpose and adequate consideration. The Court focused on the adequacy of consideration, finding that the benefits provided to the City were negligible compared to the substantial costs. The Court emphasized that anticipated indirect benefits do not count as enforceable obligations for consideration purposes.
Outcome of the Case:
The Arizona Supreme Court vacated the Court of Appeals’ opinion, reversed the trial court’s decision, and remanded the case for entry of judgment in favor of the plaintiffs (Gilmore and Harder) on the Gift Clause claim.